THE BETWA RIVER BOARD ACT, 1976 

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ARRANGEMENT OF SECTIONS 
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CHAPTER I 
PRELIMINARY 

SECTIONS 

1.  Short title and commencement. 
2.  Declaration as to expediency of control by the Union. 
3.  Definitions. 

CHAPTER II 
ESTABLISHMENT OF THE BOARD 

4.  Establishment and incorporation of the Betwa River Board. 
5.  Executive Committee.  
6.  Vacancies, etc., not to invalidate proceedings of the Board or the Executive Committee. 
7.  Chief Engineer and Financial Adviser. 
8.  Other officers and employees of the Board. 
9.  Advisory Committees. 

CHAPTER III 

FUNCTIONS AND POWERS OF THE BOARD 

10.  Functions of the Board. 
11.  Conditions subject to which the Board may exercise its functions. 
12.  Powers of the Board. 

CHAPTER IV 

FINANCE, ACCOUNTS AND AUDIT 

13.  Betwa River Board Fund. 
14.  Budget. 
15.  Annual report. 
16.  Accounts and audit. 

CHAPTER V 

MISCELLANEOUS 

17.  Directions by Central Government. 
18.  Disputes between the Board and the State Governments. 
19.  Power to enter. 
20.  Members, officers and employees of the Board to be public servants. 
21.  Protection of action taken in good faith. 
22.  Power to make rules. 
23.  Power to make regulations. 
24.  Rules and regulations to be laid before Parliament. 

THE SCHEDULE. 

1 

 
 
THE BETWA RIVER BOARD ACT, 1976 

ACT NO. 63 OF 1976 

An Act to provide for the establishment of a Board for the creation of a reservoir at Rajghat by 
construction, on behalf of the Governments of Madhya Pradesh and Uttar Pradesh, of a dam 
on the Betwa river at Rajghat and for the regulation of such reservoir. 

BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:— 

[10th April, 1976.] 

CHAPTER I 
PRELIMINARY 

1. Short title and commencement.—(1) This Act may be called the Betwa River Board Act, 1976. 
(2) It shall come into force on such date1 as the Central Government may, after consultation with the 

Governments of Madhya Pradesh and Uttar Pradesh, by notification in the Official Gazette, appoint. 

2. Declaration as to expediency of control by the Union.—It is hereby declared that it is expedient 
in  the  public  interest  that  the  Central  Government  should  take  under  its  control  the  regulation  and 
development of the inter-State Betwa River and River Valley to the extent hereinafter provided. 

3. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “Board” means the Betwa River Board established under section 4; 

(b) “Chairman” means the Chairman of the Board; 

(c) “Executive Committee” means the Executive Committee constituted under section 5; 

(d) “member” means a member of the Board and includes the Chairman; 

(e) “prescribed” means prescribed by rules made by the Central Government under section 22; 

(f) “Rajghat Dam” means the Dam described in the Schedule; 
(g)  2[“Rani  Laxmibai  Sagar”]  means  the  reservoir  created  by  the  construction  of  the  Rajghat 

Dam; 

(h) “regulations” means regulations made by the Board under section 23; 

(i) “rules” means rules made by the Central Government under section 22. 

CHAPTER II 
ESTABLISHMENT OF THE BOARD 

4. Establishment and incorporation of the Betwa River Board.—(1) With effect from such date as 
the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be 
established for the purposes of this Act, a Board to be called the Betwa River Board. 

(2)  The  Board  shall  be  a  body  corporate  by  the  name  aforesaid  having  perpetual  succession  and  a 
common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, 
both movable and immovable, and to contract and shall by the said name sue and be sued. 

(3)  The  Union  Minister  in  charge  of  Irrigation  shall  be  the  Chairman  of  the  Board  and  the  other 

members of the Board shall be the following, namely:— 

3[(a)  where  the  same  Union  Minister  is  not  in  charge  of  both  Irrigation  and  Power,  the  Union 
Minister  in  charge  of  Power  or  such  Minister  or  Deputy  Minister  in  the  Union  Ministry  or 
Department in charge of Power as may be specified in this behalf by the Union Minister in charge of 
Power; 

1. 25th October, 1976, vide notification No. G.S.R. 1518(E), dated 14th October, 1976, see Gazette of India, Extraordinary,   
     Part II, sec. 3(i).     
2. Subs. by Act 49 of 1993, s. 2, for “Rajghat Reservoir” (w.e.f. 27-8-1993).  
3. Subs. by Act 47 of 1977, s. 2, for clauses (a) and (b) (w.e.f. 26-12-1977). 

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(b) the Chief Ministers of Madhya Pradesh and Uttar Pradesh; and 

(c)  the  Ministers  of  Madhya  Pradesh  and  Uttar  Pradesh  in  charge  of  Finance,  Irrigation  and 

Power:] 

Provided that when a proclamation made under article 356 of the Constitution is in force in relation to 
the  State  of  Madhya  Pradesh  or  Uttar  Pradesh,  the  Central  Government  may  appoint  three  persons  to 
represent  such  State  on  the  Board  and  the  persons  so  appointed  shall  vacate  their  offices  upon  the 
revocation or cesser of operation of such proclamation. 

(4)  The  Board  may  permit  any  officer  of  the  Central  Government  or  the  Government  of  Madhya 
Pradesh or Uttar Pradesh to attend any of its meetings and take  part in the proceedings but such officer 
shall not be entitled to vote. 

(5) The Board may associate with itself, in such manner and for such purposes as may be determined 
by  regulations,  any  person  whose  assistance  or  advice  it  may  desire  in  complying  with  any  of  the 
provisions of this Act and a person so associated shall have the right to take part in the discussions of the 
Board relevant to the purpose for which he has been associated, but shall not be entitled to vote. 

5. Executive Committee.—(1) The Central Government may, by notification in the Official Gazette, 
constitute  an  Executive  Committee  consisting  of  officers  of  that  Government  and  officers  of  the 
Governments of Madhya Pradesh and Uttar Pradesh. 

(2) The composition of the Executive Committee shall be such as may be prescribed: 

Provided that— 

(a) an officer of the Central Government shall be the Chairman of the Committee; 

(b) the Governments of Madhya Pradesh and Uttar Pradesh shall have equal representation. 

(3) Subject to the general superintendence and control of the Board, the management of the affairs of 
the Board shall vest in the Executive Committee and the Chairman and other members of the Committee 
shall assist the Board in such manner as the Board may require. 

(4) Subject to the rules, and to the directions of the Board, the Executive Committee may exercise any 

power and do any act or thing which may be exercised or done by the Board. 

(5) The  procedure to  be  followed  by  the  Executive  Committee  and  all  other  matters relating  to the 

Executive Committee shall be such as may be prescribed. 

6. Vacancies, etc., not to invalidate proceedings of the Board or the Executive Committee.—No 

act or proceeding of the Board or the Executive Committee shall be invalidated by reason of— 

(a) any vacancy in the Board or the Executive Committee; 

(b)  any  defect  in  the  composition  of,  or  in  any  appointment  to,  the  Board  or  the  Executive 

Committee; 

(c) any irregularity in the procedure of the Board or the Executive Committee not affecting the 

merits of the case. 

7.  Chief  Engineer  and  Financial  Adviser.—(1)  The  Central  Government  may,  after  consultation 
with  the  Governments  of  Madhya  Pradesh  and  Uttar  Pradesh,  appoint  an  Engineer  (to  be  the  Chief 
Engineer  of  the  Board  and  to  be  known  as  the  Chief  Engineer,  Rajghat  Dam  Project),  and  a  Financial 
Adviser, and a Secretary, to the Board from amongst the officers of the Governments of Madhya Pradesh 
and Uttar Pradesh: 

Provided that the Central Government shall, so far as practicable, ensure that officers from the  same 

State do not hold the posts of Chief Engineer and Secretary at the same time: 

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1[Provided  further  that  the  Central  Government  may,  with  the  concurrence  of  the  Governments  of 
Madhya  Pradesh  and  Uttar  Pradesh,  appoint  an  officer  of  the  Central  Government  as  the  Financial 
Adviser]. 

(2) Subject to the general superintendence and control of the Board and the Executive Committee, the 
Chief Engineer of the Board appointed under sub-section (1) shall be the Chief Executive Officer of the 
Board and shall exercise and discharge— 

(a) such powers and duties as may be prescribed or as may be delegated to him by the Board; 

(b) such other powers and duties as may be determined by regulations. 

(3) The Financial Adviser appointed under sub-section (1) shall be the Chief Accounts Officer of the 

Board. 

(4)  The  terms  and  conditions  of  service  of  the  Chief  Engineer  of  the  Board,  and  of  the  Financial 

Adviser, and the Secretary, to the Board shall be such as may be prescribed. 

8.  Other  officers  and  employees  of  the  Board.—(1)  Subject  to  the  rules,  the  Board  may  appoint 

such officers and employees as it may deem necessary for the efficient discharge of its functions: 

Provided that the Board shall, as far as practicable, utilise the services of the officers and employees 
offered  by  the  Governments  of  Madhya  Pradesh  and  Uttar  Pradesh  in  such  a  manner  that  equal 
representation is given to the two States. 

(2) The terms and conditions of service of the officers and employees of the Board shall be such as 

may be determined by regulations. 

9. Advisory Committees.—Subject to the rules, the Board may from time to time, constitute one or 
more Advisory Committees to assist the Board and the Executive Committee in the efficient discharge of 
their functions. 

CHAPTER III 

FUNCTIONS AND POWERS OF THE BOARD 

10.  Functions  of  the  Board.—Subject  to  the  other  provisions  of  this  Act  and  the  rules,  the  Board 
may,  if  satisfied  that  the  Governments  of  Madhya  Pradesh  and  Uttar  Pradesh  have  complied  with  or 
arranged to comply with the conditions specified in section 11,— 

(a)  carry  out  surveys  and  investigations  in  the  Betwa  Inter-State  river  valley  and  prepare  a 
comprehensive project report for the construction of Rajghat Dam and appurtenant works  2[and for 
the  generation  of  power  at  Rajghat  Dam,  including  the  construction  of  a  power  house  (hereinafter 
referred to as the Rajghat Power House) near the dam and appurtenant works] and finalise the same 
after consulting the Governments of Madhya Pradesh and Uttar Pradesh and taking into account the 
suggestions if any made by those Governments; 

(b) prepare detailed reports and estimates in respect of the Project and allocate the cost among the 

Governments of Madhya Pradesh and Uttar Pradesh; 

(c)  draw  up  standards  and  specifications  for  implementation  of  the  project  and  for  the 

maintenance thereof; 

(d) construct the Rajghat Dam 2[and the Rajghat Power House] and the common carrier from the 

dam to irrigate areas in Madhya Pradesh and Uttar Pradesh; 

(e) lay down rules of operation and management of Rajghat Dam; 

(f) perform any other function which is supplemental, incidental, or consequential to all or any of 

the functions specified in clauses (a) to (e). 

1. Ins. by Act 47 of 1977, s. 3 (w.e.f. 26-12-1977).  
2. Ins. by s. 4, ibid. (w.e.f. 26-12-1977)  

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11. Conditions subject to which the Board may exercise its functions.—(1) The exercise by the 

Board of the functions specified in section 10 shall be subject to the following conditions, namely:— 

(i)  that  the  Governments  of  Madhya  Pradesh  and  Uttar  Pradesh  shall  at  all  times  make,  to  the 
satisfaction of the Board, suitable provisions as to the moneys, land facilities and electrical power for 
construction and all other things required by the Board; 

(ii) that the liability for the entire expenditure on the  1[Rajghat Dam and Rajghat Power House 
including  appurtenant  works  and  on  the  generation  of  power  at  Rajghat  Dam]  and  all  other 
expenditure  incurred  by  the  Board  in  the  discharge  of  its  functions  shall  be  shared  by  the 
Governments  of  Madhya  Pradesh  and  Uttar  Pradesh  in  such  proportion  as  may  be  specified  by  the 
Board: 

Provided that the Board may specify different proportions for different works or matters having 

regard to the benefits which may accrue to the States and other relevant factors; 

(iii) that the Governments of Madhya Pradesh and Uttar Pradesh shall extend full co-operation to 
the Board and shall in particular make available to the Board the land and electric power required by 
it for construction purposes as expeditiously as possible. 

(2)  For  the  purposes  of  clause  (ii)  of  sub-section  (1),  the  expenditure  on  the  Rajghat  Dam  shall 
include the expenditure incurred by the Government of Uttar Pradesh on the Rajghat Dam Project before 
the establishment of the Board and the Board shall determine the amount of expenditure so incurred by 
the Government of Uttar Pradesh and the extent to which it shall be reimbursed by the Government of 
Madhya Pradesh. 

12. Powers of the Board.—(1) Subject to the provisions of this Act and the rules, the Board shall 
have the power to do anything which may be necessary or expedient for the purpose  of carrying out its 
functions under this Act. 

(2)  Without  prejudice  to  the  generality  of  the  foregoing  provision,  such  power  shall  include  the 

powers— 

(a)  to  acquire,  hold  and  dispose  of  such  properties  both  movable  and  immovable  as  the  Board 

deems necessary; 

(b) to publish statistics or other information relating to the various aspects of flood control and 
drainage in the Betwa River Valley 2[, the regulation of 3[Rani Laxmibai Sagar] and the generation of 
power at Rajghat Dam]; 

(c) to require the Governments of Uttar Pradesh and Madhya Pradesh to furnish such information 

as the Board may require in the discharge of its functions. 

CHAPTER IV 

FINANCE, ACCOUNTS AND AUDIT 

13. Betwa River Board Fund.—(1) There shall be constituted a Fund to be called the Betwa River 
Board Fund and there shall be credited thereto the sums paid to the Board by the Governments of Madhya 
Pradesh and Uttar Pradesh and all other sums received by the Board. 

(2) The Fund shall be applied— 

(a)  for  meeting  the  salaries,  allowances  and  other  remuneration  of  the  officers  and  other 

employees of the Board and other administrative expenses of the Board; 

1. Subs. by Act 47 of 1977, s. 5, for “Rajghat Dam including appurtenantworks” (w.e.f. 26-12-1977).  
2. Subs. by s. 6, ibid., for “and the regulation of Rajghat Reservoir” (w.e.f. 26-12-1977). 
3. Subs. by Act 49 of 1993, s. 3, for “Rajghat Reservoir” (w.e.f. 27-8-1993).  

5 

                                                           
(b) for meeting the expenditure on surveys and investigations undertaken by the Board; 
(c)  for  meeting  the  cost  of  construction  of  the  1[Rajghat  Dam,  the  Rajghat  Power  House  and 

appurtenant works]; 

(d) for meeting the other expenses of the Board in the discharge of its functions under this Act. 

14. Budget.—The Board shall prepare in such form and at such time each year as may be prescribed 
its budget for the next financial year showing the estimated expenditure, the amount of expenditure which 
the State Governments of Madhya Pradesh and Uttar Pradesh have undertaken to provide for and forward 
the same to the Central Government and the said State Governments. 

15. Annual report.—(1) The Board shall prepare in such form and at such time each year as may be 
prescribed  its  annual  report  giving  a  full  account  of  its  activities  during  the  previous  year  and  forward 
copies thereof to the Central Government and that Government shall cause the same to be laid before each 
House of Parliament. 

(2) The Board shall forward copies of its annual reports to the Governments of Madhya Pradesh and 

Uttar Pradesh. 

16. Accounts and audit.—The accounts of the Board shall be maintained and audited in such manner 

as may, in consultation with the Comptroller and Auditor-General of India, be prescribed. 

CHAPTER V 

MISCELLANEOUS 

17.  Directions  by  Central  Government.—In  the  discharge  of  its  functions,  the  Board  shall  be 
guided  by  such  directions  and  instructions  on  questions  of  policy  as  may  be  given  to  it  by  the  Central 
Government. 

18. Disputes between the Board and the State Governments.—If any dispute arises between the 
Board and the Government of Madhya Pradesh or Uttar Pradesh or both regarding any matter covered by 
this Act or touching or arising out of it, it shall be referred to the Central Government and the decision of 
the Central Government shall be final and binding on the Board and the said Governments. 

19. Power to enter.—Subject to any rules made in this behalf, any officer of the Board generally or 
specially  authorised  by  the  Board  in  this  behalf  may,  at  all  reasonable  times,  enter  upon  any  land  or 
premises and there do such things as may be reasonably necessary for the purpose of lawfully carrying 
out any  works  or  of  making  any  surveys,  examination  or  investigation,  preliminary  or  incidental  to  the 
exercise of any power or the performance of any function by the Board under this Act: 

Provided that no person shall enter into any building or upon any enclosed court or garden attached to 
a dwelling house, unless with the consent of the occupier thereof, without previously giving such occupier 
at least seven days' notice in writing of his intention to do so. 

20.  Members,  officers  and  employees  of the Board  to  be  public servants.—All  members  of  the 
Board and the Executive Committee and all officers and employees of the Board shall be deemed, when 
acting or purporting to act in pursuance of any of the provisions of this Act to be public servants within 
the meaning of section 21 of the Indian Penal Code (45 of 1860). 

21. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceedings 
shall lie against the Central Government or the Government of Madhya Pradesh or Uttar Pradesh or any 
member of the Board or the Executive Committee or any officer or employee of the Board for anything 
which is in good faith done or intended to be done under this Act or the rules or regulations. 

(2) No suit or other legal proceedings shall lie against the Board for any damage caused or likely to 
be  caused  by  anything  in  good  faith  done  or  purported  to  be  done  under  this  Act  or  the  rules  or 
regulations and, in particular, it shall not be the responsibility of the Board to provide for relief measures 
necessitated by floods or by breaches and failure of works. 

1. Subs. by Act 47 of 1977, s. 7, for “Rajghat Dam and appurtenant works” (w.e.f. 26-12-1977).  

6 

                                                           
22. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules for carrying out the purposes of this Act. 

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a)  the  composition  of,  and  the  procedure  to  be  followed,  by  the  Executive  Committee  and  all 

other matters relating to the Executive Committee, under sub-sections (2) and (5) of section 5; 

(b)  the  powers  and  duties  which  may  be  exercised  or  discharged  by  the  Chief  Engineer  of  the 

Board, under clause (a) of sub-section (2) of section 7; 

(c) the terms and conditions of service of the Chief Engineer of, and the  Financial Adviser and 

the Secretary to, the Board, under sub-section (4) of section 7; 

(d) appointment of officers and employees of the Board, under sub-section (1) of section 8; 

(e) the form in which and the time at which the budget and annual report of the  Board shall be 

prepared, under section 14, and sub-section (1) of section 15; 

(f) the manner in which the accounts of the Board shall be maintained and audited, under section 

16; 

(g)  the  form  and  manner  in  which  disputes  may  be  referred  under  section  18  to  the  Central 
Government and the procedure to be followed by the Central Government for the settlement of such 
disputes. 

23.  Power  to  make  regulations.—(1)  The  Board  may,  with  the  previous  approval  of  the  Central 
Government, by notification in the Official Gazette, make regulations not inconsistent with this Act and 
the rules, for enabling it to discharge its functions under this Act. 

(2) Without prejudice to the generality of the foregoing power, such regulations may provide for all 

or any of the following matters, namely:— 

(a)  the  manner  in  which  and  the  purposes  for  which  the  Board  may  associate  with  itself  any 

persons, under sub-section (5) of section 4; 

(b)  the  powers  which  may  be  exercised  and  the  duties  which  may  be  discharged  by  the  Chief 

Engineer of the Board, under sub-section (2) (b) of section 7; 

(c) the terms and conditions of service of the officers (other than the Chief Engineer of the Board, 
Financial Adviser and Secretary to the Board) and other employees of the Board, under sub-section 
(2) of section 8. 

24.  Rules  and  regulations  to  be  laid  before  Parliament.—Every  rule  and  every  regulation  made 
under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it 
is in session for a total period of thirty days which may be comprised in one session or in two or more 
successive  sessions  and  if,  before  the  expiry  of  the  session  immediately  following  the  session  or 
successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, as 
the case may be, or both Houses agree that the rule or regulation, as the case may be, should not be made, 
the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case 
may be; so, however, that any such modification or annulment shall be without prejudice to the validity of 
anything previously done under that rule or regulation. 

7 

THE SCHEDULE 

[See section 3(f)] 

DESCRIPTION OF RAJGHAT DAM 

The  Dam  is  to  be  built  across  the  Betwa  river  about  one  furlong  upstream  of  Lalitpur  Chanderi 
Causeway  at  Rajghat  on  the  river  Betwa,  District  Lalitpur  of  Uttar  Pradesh.  The  Dam  will  comprise  a 
masonry section in the river bed and earthen flanks on both sides. It will also include the earth dam to be 
constructed in the saddles on either side for creating a reservoir. 

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